HomeMy WebLinkAboutSUB200500258 Executive Summary 2005-10-25COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB 05 -258 Country Green Cottages
Preliminary Subdivision Plat — Open Space Approval
SUBJECT /PROPOSAL/REQUEST: Request for approval
of 1.145 acres of open space associated with a 16 -lot
subdivision. The site, described as Tax Map 76 - Parcels 52H
and 52J contain 4.017 acres zoned R4, Residential. This site
is located in the Samuel Miller Magisterial District on
Country Green Road [SR #631] approximately 780 feet east
of Sunset Avenue. The Comprehensive Plan designates this
property for Urban Density uses in Neighborhood 5.
STAFF CONTACT(S):
Yadira Amarante
AGENDA DATE: October 25, 2005
ITEM NUMBER:
CONSENT AGENDA: Yes
ACTION: Yes INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: WDF, AGM
APPLICANT: The applicant is listed as Dale Ludwig on the application.
PROPERTY OWNER/CONTRACT PURCHASER: The owner is listed as Dale Ludwig on the
application and county tax assessment records.
BACKGROUND:
The Country Green Cottages Subdivision proposes 16 lots on 4.017 acres with a resulting density of
3.98 dwelling units per acre, utilizing the clustering option which has no minimum lot size. The property
is zoned R -4, Residential and this use will be maximized with approval of this subdivision.
DISCUSSION:
This application has been reviewed by the Site Review Committee and may be administratively
approved subject to Planning Commission approval of the Open Space.
Open Space
Section 4.7 of the Zoning Ordinance below requires that appropriateness of open space be assessed as
follows:
Section 4.7.1: Does the proposed open space meet comprehensive plan objectives by providing: (1)
active /passive recreation; (2) protection of areas sensitive to development; Q) buffering between
dissimilar uses; and (4) preservation of agricultural activity?
(1) Most of the proposed open space, approximately 0.914 acres (Open Space B), is in the form of
"natural" areas for active (hiking and walking trails) and passive (sitting, observing, and
reflecting) recreation. Approximately 0.231 acres (Open Space A) is in the form of a "manmade"
neighborhood park with a garden and sitting area for passive recreation. Both areas of open
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space are somewhat well connected and provide multiple points of access for pedestrians,
(Attachment B). However, there is an opportunity to provide the interior lots quicker and more
convenient access to Open Space A by providing stairs and a path to the park at the bend of the
alleyway.
(2) The open space plan on Sheet 5 of Attachment B identifies critical slopes, stream buffers and a
creek as being part of the proposed open space.
(3) There are no dissimilar uses adjacent to this development to buffer. All of the abutting properties
contain single family detached dwelling units. There is a multi - family development across
Country Green Road.
(4) This proposal does not preserve agricultural activity. This will be an urban open space system.
Section 4.7.1: Is the proposed open space appropriate in terms of (1) location, Q size, (3) shape and ( )
topographic characteristics.
(1) The location of the open space is appropriate in that it provides protection of critical slopes,
conservation of existing trees, and soils.
(2) The proposal includes approximately 1. 145 acres in open space, which amounts to 28.50% of the
total site. The clustering form of development requires 25% of the total site be open space.
(3) The shape of the open space does not appear to pose any detriment to the development. Both
areas are connected to each other through a sidewalk/alley system and have multiple points of
access.
(4) There is an adequate balance between critical and gentler slopes throughout the proposed open
space by the creek. The slopes in this "natural" area will be made accessible by the construction
of a trail.
Section 4.7.2: Will the open space be developed with any man -made features? Where deemed
appropriate by the commission, open space may be used for one or more of the following uses:
Agriculture, forestry and fisheries including appropriate structures; Game preserves, wildlife
sanctuaries and the like; Noncommercial recreational structures and uses; Public utilities; Wells and
sgptic systems for emergency use only (reference 4.1.7); Stormwater detention and flood control devices.
Yes. There will be a stormwater management facility located in the open space as well as other
appropriate structures like benches, sidewalks, a trail, and formal gardens.
Section 4.7.3.1: In addition to provisions of section 4.7.1 and section 4.7.2 the commission may require
inclusion in such open Mace of areas deemed inappropriate for or prohibited to development such as
but not limited to: (1,) land in the one hundred year flood plain and significant drainage swales; (2) land
in slopes of twen -fave (25) percent or rg eater; (3) major public utility easements; (4) stormwater
detention and flood control devices; (5) lands having permanent or seasonally high water tables; (6)
areas to satisfy provisions of section 4.16 Recreation Regulations; (7) areas to provide reasonable
buffering between dissimilar uses within such development and between such development and
adjoining properties.
(1) There is no flood plain on these parcels.
(2) All of the critical slopes on this site are already shown in open space.
(3) No public utilities are shown in the proposed open space.
(4) A stormwater management facility is shown in open space.
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(5) The soils located on this property are shown to support seasonally high water tables as defined in
Table 16 Soil and Water Features of the United States Department of Agriculture Soil
Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985.
(6) Recreational areas are not required.
(7) Some of the open space does provide a reasonable buffer from adjacent lands.
4.7.3.3 In such case where open space is required by provisions of this ordinance not more than eighty
(80) percent of such minimum required open space shall consist of the following: a. Land located within
the one hundred year flood plain; and b. Land subject to occasional, common or frequent flooding as
defined in Table 16 Soil and Water Features of the United States Department ofAgriculture Soil
Conservation Service, Soil Survey ofAlbemarle County, Virginia, August, 1985; and c. Land in slopes of
twenty-five (25) percent or greater; and d. Land devoted to stormwater or flood control devices except
where such feature is incorporated into a permanent pond, lake or other water feature deemed by the
commission to constitute a desirable open space amenity.
Not applicable.
4.7.4: Open space in private ownership shall be protected by legal arrangements sufficient to ensure its
maintenance and preservation for purposes for which it is intended. Such arrangements shall be subject
to commission approval as a part of the site development plan and /or subdivision plat approval process.
Open space may be dedicated to public use subject to approval and acceptance byeparate resolution of
the board of supervisors. Open space so dedicated shall be counted as a part of the minimum required
open space.
The open space shown on the plat shall be owned by the homeowner's association which will be
established by covenant. Such document shall be subject to County Attorney review and approval and
shall be in accordance with Section 14 -317 of the Subdivision Ordinance with an instrument evidencing
maintenance of certain improvements.
Staff recommends that the Commission find the proposed open space appropriate for the proposed
development.
PROPOSED CONDITIONS OF APPROVAL:
1. [14 -317, 18 -4.7] Submittal of covenants or other such instrument which evidences the
establishment of a homeowner's association and provides for ownership and maintenance of
proposed open space. Such document shall be subject to County Attorney review and approval
and shall be in accordance with Section 14 -317 of the Subdivision Ordinance - Instrument
evidencing maintenance of certain improvements.
2. Stairs leading up from the alleyway and a path to the park shall be provided at the southern
corner of Open Space A. All improvements and amenities shall be shown on the road plans and
built or bonded prior to approval of the final subdivision plat.
Attachments:
A - Location Map
B - Layout of proposed subdivision
C - Applicant's letter of request.
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